Loading...
HomeMy WebLinkAboutJune 20, 2005 Council Meeting Agenda Monday, June 20, 2005 7:30 PM (I) INVOCATION Mayor Ryan will call the meeting to order and lead Council in the saying of the Invocation. (11) ADOPTION OF MINUTES Regular Meeting of June 6, 2005 1-13 (111) 1. PRESENTATIONS A Youth Heritage Leadership Pin & Certificate presentation will be made to Beth Wainwright. Mrs. Owens, Rotary Club and Tom Reed, Principal, Dunbarton High School will make a presentation of the Dunbarton Indoor Pool Defibrillator. (IV) 1. DELEGATIONS lan McCullough, representing Marshall Homes, will address Council with respect to 1295 Wharf Street. Gary Bowen, Toronto and Region Conservation Authority, will provide Council with a progress report on the Implementation of a Watershed Plan for Duffins Creek & Carruthers Creek. Kathy Frederick, Executive Director, Pickering Manor for Palliative Hospice Care will address Council concerning Pickering Manor. Iv) 1. RESOLUTIONS To adopt the Executive Committee Report EC 2005-10, dated June 13, 2005. To sanction the appointment of Councillor Brenner to the Board of Directors for Picketing Manor for Palliative Care. PAGE 14-23 24-25 -1- Council Meeting Agenda Monday, June 20, 2005 7:30 PM (VI) BY-LAWS By-law 6534/05 Being a by-law to adopt the estimates of all sums required to be raised by taxation for the year 2005 and to establish the Tax Rates necessary to raise such sums and establish the final due dates for the residential, pipeline, farmland and managed forest realty tax classes. By-law 6535/05 Being a by-law to amend Restricted Area (Zoning) By-law 3036, as amended, to implement the Official Plan of the City of Pickering, Region of Durham in South Part of Lot 25, Concession 1 (Village Lot 3), in the City of Pickering. (A 03/05) By-law 6536/05 Being a by-law to amend Restricted Area (Zoning) By-law 2511, as amended, to implement the Official Plan of the City of Pickering, Region of Durham in Part of Lot 19, B.F.C. Range 3, in the City of Pickering. (A 04105) By-law 6537/05 Being a by-law to amend Restricted Area (Zoning) By-law 3036, as amended, to implement the Official Plan of the City of Pickering, in the Region of Durham, Lot 16, Plan 329, in the City of Pickering. (A 09/04) By-law 6538105 Being a by-law to amend Restricted Area (Zoning) By-law 2520, as amended, to implement the Official Plan of the City of Pickering District Planning Area, Region of Durham, in Lot 68, Plan M-14, in the City of Pickering. (A 02~05) By-law 6539/05 Being a by-law to amend Restricted Area (Zoning) By-law 3036, as amended, to implement the Official Plan of the City of Pickering District 26-27 28-30 31 32-36 37-41 42-49 -2- Council Meeting Agenda Monday, June 20, 2005 7:30 PM Planning Area, Region of Durham in Part of Lot 27, Range 3, Broken Front Concession, City of Pickering. (A 01/04) By-law 6540/05 Being a by-law to assume the roads within Plan 40M-1987 for public use as public highways and to assume the services within Plan 40M-1987 (save and except Block 32) under the jurisdiction of the City of Pickering. By-law 6541/05 Being a by-law to dedicate Block 31, Plan 40M-1987, Pickering as public highway. By-law 6542/05 Being a by-law to authorize the release and removal of the Subdivision Agreement and related Amending Subdivision Agreement from title respecting Plan 40M-1987, Pickering. By-law 6543/05 Being a by-law to amend By-law 1416/82 providing for the regulation and licensing of places of amusement. By-law 6544/05 Being a by-law to authorize the preparation, execution and registration of the Release & Abandonment of two easements registered as D314520 and D314521 as they are no longer required for municipal purposes. By-law 6545/05 Being a by-law to alter the wards within the City of Pickering. By-law 6546~05 Being a by-law to appoint By-law Enforcement Officers for certain purposes (Parking Regulation - 1822 Whites Road). 5O 51 52 53 54 55-57 58 -3- Council Meeting Agenda Monday, June 20, 2005 7:30 PM By-law 6547/05 Being a by-law to amend Restricted Area (Zoning) By-law 3036, as amended by By-law 6111/03, to implement the Official Plan of the City of Pickering, Region of Durham, Part of Lot 26, Range 3, B.F.C., Lots 127, 128 and 129, Plan 1051, in the City of Pickering. (A 12/05) 59-62 (VII) NOTICE OF MOTION 1. Moved by Councillor McLean Seconded by Councillor Dickerson WHEREAS sport enriches the lives of Canadians in a multitude of ways: in their roles as participants, spectators, coaches and volunteers; and WHEREAS sport offers opportunities for the personal, moral and value-centered development of children and young people; and WHEREAS Statistics Canada figures show that 2.2 million children between the ages of 9 and 14 play organized sports outside school; and WHEREAS almost three-quarters of these children drop out of organized sports by the time they reach age 13 primarily because they are no longer having fun; and WHEREAS a survey undertaken by the Institute for the Study of Youth Sports at Michigan State University cites too much focus on winning and overzealous parents and coaches are among the top reasons that children quit organized sports; and WHEREAS in 2001, Sports Illustrated for Kids magazine reported that almost three-quarters of 3,000 readers polled had seen out-of-control adults at their games, ranging from parents or coaches yelling at each other, at kids and officials, to violence; and WHEREAS not only does poor conduct and lack of fair play and sportsmanship drive kids from sports, it influences how they behave in all spheres of their lives; and 63-64 -4- Council Meeting Agenda Monday, June 20, 2005 7:30 PM WHEREAS the City of Pickering recreation facilities are provided to allow citizens to participate in sports and other recreational activities in a safe, enjoyable environment; and WHEREAS it is the goal of the Council of The Corporation of the City of Pickering to eliminate violence, harassment and abusive behaviour by sport participant groups, namely spectators, coaches and players in the City facilities and develop an understanding among participants and spectators of creating a safe and positive environment for youth sports; and NOW THEREFORE the Council of The Corporation of the City of Pickering hereby declares the City of Pickering as a "True Sport Community"; and FURTHER THAT Council adopt the "True Sport Community" philosophy that encourages good sportsmanship and respectful behaviour towards all those involved with sports across the City; and FURTHER THAT every facility owned and/or operated by the City of Pickering be a "True Sport Community" facility whereby all sports teams using the fadlity will adopt the "True Sport Community" code of conduct; and FURTHER THAT staff be directed to communicate this resolution to all sports teams using City facilities and take whatever action is deemed necessary to positively communicate the "True Sport" program to the community. (VIII) OTHER BUSINESS (IX) CONFIRMATION BY-LAW (X) ADJOURNMENT 5 Council Meeting Minutes Monday, June 6, 2005 7:30 PM 00i PRESENT: Mayor David Ryan COUNCILLORS: K. Ashe M. Brenner D. Dickerson R. Johnson B. McLean D. Pickles ALSO PRESENT: T. J. Quinn E. Buntsma N. Carroll G. Paterson D. Bentley B. Taylor D. Watrous - Chief Administrative Officer - Director, Operations & Emergency Services - Director, Planning & Development - Director, Corporate Services & Treasurer - City Clerk - Acting Deputy Clerk - Committee Coordinator INVOCATION Mayor Ryan called the meeting to order .and led Council in the saying of the Invocation. (11) ADOPTION OF MINUTES Regular Meeting of May 17, 2005 DELEGATIONS Kevir~ Cahil!, representin9 t~'~e Pickerino Terq,~ Fo~: F~ur~ Committee, addressed Councii with respect to the Terry Fox Remembrance Ralht and requested Councit proclaim Sunday, July 'i0th, 2005 as Terry Fo)~ Day in trie City of Pickering. He further requested the assistance of City of Picketing staff to help coordinate the Remembrance Rally events. 0£~ · Council Meeting Minutes Monday, June 6, 2005 7:30 PM Angle Littlefield, Executive Director, Durham West Arts Centre, thanked Members of Council for declaring Art Week and presented their book entitled "The Thomsons of Durham - Tom Thomson's Family Heritage". She suggested that an Arts Centre be included in the new Seaton community. John Sabean, Durham West Arts Centre, requested that assistance of staff to work with the organizers of the events commemorating the Thomson family. Grant Morris, Grant Morris Associates Ltd., addressed Council with respect to Zoning By-law Amendment Application A 12/05. He began his comments by advising Council that he had counselled his clients not to appeal the decision of Council at the Ontario Municipal Board. He thanked Councillor Johnson for his suggestion to meet with Regional staff and advised that this meeting has been arranged. He acknowledged that his only concern is to ensure access to his clients property. igor Cot, agent for the Ford's, thanked Council and staff for their assistance with this application. (IV) RESOLUTIONS Resolution #88105 Moved by Councillor Dickerson Seconded by Councillor Brenner That the Report of the Executive Committee EC 2005-09, dated May 24, 2005, be adopted. CARRIED Resolution #89105 Moved by Councillor Brenner Seconded by Councillor Dickersor~ That Corporate Services Report CS 46-05 regarding the Repo¢~ of the Experts Panel on Sound-Sorb, be,r~"~i"'~'~,.,~, ,. ~, and -2- Council Meeting Minutes Monday, June 6, 2005 7:30 PM That the Council of The Corporation of the City of Pickering hereby endorses the Report of the Experts Panel on Sound-Sorb dated January 31, 2005 and prepared for the Ministry of the Environment; and That the appropriate officials of the City of Pickering be authorized to take the necessary actions to give effect thereto. CARRIED Resolution #90105 Moved by Councillor Dickerson Seconded by Councillor Pickles That Mayor Ryan be authorized to make the following proclamations: "Terry Fox Day" - July 10, 2005 CARRIED Resolution #91/05 Moved by Councillor Dickerson Seconded by Councillor McLean WHEREAS the Council of The Corporation of the City of Pickering adopted the Pickering Official Plan in March, 1997; and WHEREAS the Regional Municipality of Durham approved the Pickering Official Plan in September, 1997; and WHEREAS the Pickering Official Plan came into effect in October, 1997; and WHEREAS the Official Plan identifies Neighbourhood 8 as the Town Centre, bounded by the C.N. rail line, the rear lot lines of properties fronting Kingston Road, the hydro transmission corridor, and Highway 401~ and WHEREAS Pickering Council adopted the Town Centre West Development Guidelines for lands generally west of Liverpool Road, between Kingston Road and Highway 401; and WHEREAS the Official Plan policy encourages the highest mix and intensity of uses and activities in the City to be in the Town Centre Neighbourhood; and -3- 004 Council Meeting Minutes Monday, June 6, 2005 7:30 PM WHEREAS the Town Centre Neighbourhood has not realized development activity to the extent envisaged by the Official Plan; and WHEREAS the February 2005 Draft Provincial Growth Plan (Places to Grow) designates the City of Pickering as an Urban Growth Centre; and WHEREAS the lands within the Town Centre West area are strategically located to provide significant intensification potential and opportunity to implement the direction of the Draft Provincial Growth Plan (Places to Grow) which encourages a density of development of not less than 200 residents and jobs per hectare; and WHEREAS the Town Centre West area is currently served by convenient access to Highway 401 and will be additionally served by a pedestrian bridge over Highway 401 linking the GO transit station to the Town Centre area; and WHEREAS the Province of Ontario currently owns lands strategically located at the northwest quadrant of Highway 401 and Liverpool Road, which lands are an integral component; NOW THEREFORE the Council of The Corporation of the City of Pickering hereby identifies these lands as a prime opportunity area for intensification; to have a diverse mix of land uses generally planned as outlined in the Draft Provincial Growth Plan; and FURTHER THAT when dealing with development interests for sites within this area of the City, City staff is directed to convey Pickering Council's interest for higher intensity of land uses; and FURTHER THAT the Province of Ontario be encouraged to consider the construction of the proposed courthouse facilities for Durham Region on the provincially-owned lands located at the northwest quadrant of Highway 401 and Liverpool Road; and FURTHER THAT copies of this resolution be forwarded to: The Honourable Dalton McGuinty, Premier of Ontario The Honourable Greg Sorbara, Minister of Finance The Honourable Michael Br~yant, Attorney Genera! Wayne A~hurs, MPP; Pickerin~-Aiax-Uxbridge ~ARR~_~, AS' AI~ENDED Council Meeting Minutes Monday, June 6, 2005 7:30 PM Council considered the following motion in conjunction with the above resolution: Resolution #91105(a) Moved by Councillor Dickerson Seconded by Councillor McLean That the above resolution be amended by adding a fourth operative clause: "FURTHER THAT when dealing with development interests for sites within this area of the City, City staff is directed to convey Pickering Council's interest for higher intensity of land uses; and" CARRIED Resolution #92105 Moved by Councillor Brenner Seconded by Councillor McLean That a review of the incident at the Pickering Nuclear Generating Station on Friday, June 3, 2005, be completed with the Region of Durham, Ontario Power Generation (OPG), Durham Regional Police Services, City of Pickering and Provincial personnel, specifically reviewing what transpired, what potential risks the City of Pickering faced and could have faced; and That the review outline and recommend changes to protocols and required resources; and That implementation of the required changes noted within the recommendation report be completed within a specified timeframe agreed to by all parties. CARRIED tV'i BY-LAWS Councillor Jonnson, seconded b.v Cour~cillor Brenner, took ieav5 To introduce by'-~aws of the circe of Pickerin;: Council Meeting Minutes Monday, June 6, 2005 7:30 PM By-law 6525/05 Being a by-law to amend Restricted Area (Zoning) By-law 3037, as amended, to implement the Official Plan of the City of Pickering, Region of Durham on the South Part of Lot 18, Concession 9, in the City of Pickering. (A 06/01) By-law 6526/05 Being a by-law to amend Restricted Area (Zoning) By-law 3036, as amended, to implement the Official Plan of the City of Pickering, Region of Durham in Part of Lot 33, Plan 228, in the City of Pickering. (A 12/04) By-law 6527/05 Being a by-law to amend Restricted Area (Zoning) By-law 3036, as amended by By- laws 6329/04, to implement the Official Plan of the City of Pickering, Region of Durham, Part of Lot 31, Range 3, Broken Front Concession being Part of Lot 1,2,3,4 and 9, Plan 230, in the City of Pickering. (A 18/05) By-law 6528/05 Being a by-law to amend Restricted Area (Zoning) By-law 3036, as amended, to implement the Official Plan of the City of Pickering, in the Region of Durham in the South Part of Lot 34, Concession 2, Part 1 of Plan 40R-11934, in the City of Pickering. (A 09/99(R), SP 2002-02) By-law 6529/05 Being a by-law to amend Restricted Area Zoning By-law 3036, to implement the Official Plan of the City of Pickering, Region of Durham, Lot 126, Plan 1051, in the City of Pickering. (A 15/04) By-law 6530/05 Being a by-law to dedicate those parts of Lot 7, Concession 5, Pickering, designated as Parts 3,6,7 and 8, Plan 40R-23455 as public highways~ By-taw 6531/05 Bein9 a by-law to dedicate that pa¢~ of Lot 1t, Piar~ 228, Pickering, designated as Part 4, Plan 40R-23443 and that part of Block 19, Plan 40M-1653, Pickering, designated as Part 5, Plan 40R-23443, as public highway (Tomlinson Court). 0O7 Council Meeting Minutes Monday, June 6, 2005 7:30 PM By-law 6532/05 Being a by-law to appoint Ozair Chaudhry to the City of Pickering Public Library Board. CARRIED THIRD READING: Councillor Johnson, seconded by Councillor Brenner, moved that By-law Numbers 6525/05, 6526/05, 6527/05, 6528~05, 6529/05, 6530/05, 6531/05 and 6532/05, be adopted and the said by-laws be now read a third time and PASSED and that the Mayor and Clerk sign the same and the seal of the Corporation be affixed thereto. CARRIED {vi) 1, OTHER BUSINESS Councillor McLean advised of his attendance at the Ist Safe Community Event held on Saturday, June 4th and commented on its great success. 2. Councillor McLean introduced a Notice of Motion concerning a True Sport Community. ,¸ Councillor Johnson advised of a news conference at Queen's Park regarding the Agricultural Preserve. Councillor Johnson directed staff to inquire into the feasibility of placing a sign on Hwy. 401 advising of a radio station to tune into in case of an emergency. Councillor Dickerson congratulated Doris Madder on receiving the Senior of the Year Award. Councillor Dickerson commented on the relocation of the Legions Cenotaph to the Pickering Civic Complex, The following matters were considered prior to the regular meeting: The CAO distributed to Members of Counci; s memo dated June 2, 2005 from the Director', Corporate Services & Treasurer, regarding the Seaton Financial Impact Study. -7- Council Meeting Minutes Monday, June 6, 2005 7:30 PM b) The CAO distributed to Members of Council a copy of Report CO 02-05 from Councillor Brenner regarding the possible bomb threat at the OPG Pickering site. The CAO advised that a communication review would be completed and he would participate as part of the review team, along with Mayor Ryan and Councillor Brenner. Resolution #93/05 Moved by Councillor McLean Seconded by Councillor Brenner That Council meet In Camera at 7:12 pm. CARRIED c) The CAO provided an update to Members of Council with respect to the termination of an employee. d) The CAO distributed a confidential memo dated June 6, 2005 with respect to an update on the status of negotiations with the Pickering Professional Firefighters Association. e) The CAO referred to a confidential memo dated June 2, 2005 from the Solicitor for the City, with respect to Seaton and it was the consensus of Council that the Mayor respond accordingly. f) The Mayor distributed a copy of a media release related to a news conference regarding the Agricultural Preserve. Resolution #94/05 Moved by Councillor Brenner Seconded by Councillor Dickerson That the recommendations noted within Confidentia~ Report. OES 18-05 from the Director, Operations and Emergency Services be approved with the changes to the Memorandum of Understanding as noted. CARRIED h) Councillor Dickerson commented on the Provincial funding received by Fire Services for training. Council Meeting Minutes Monday, June 6, 2005 7:30 PM Resolution #95/05 Moved by Councillor McLean Seconded by Councillor Brenner That Council rise from the In Camera Session at 7:42 pm. CARRIED (VII) CONFIRMATION BY-LAW By-law Number 6533~05 Councillor Johnson, seconded by Councillor Brenner, moved for leave to introduce a By-law of the City of Pickering to confirm those proceedings of the Council of The Corporation of the City of Pickering at its Regular Meeting of June 6, 2005. CARRIED ADJOURNMENT The Meeting adjourned at 9:05 pm. DATED MAYOR CITY CLERK -9- Appendix ! Executive Committee Report EC 2005-09 That the Executive Committee of the City of Pickering having met on May 24, 2005, presents its ninth report to Council and recommends: PLANNING & DEVELOPMENT REPORT PD 20-05 ZONING BY-LAW AMENDMENT APPLICATION A 15/04 R & D INVESTMENTS INC. 1741 FAIRPORT ROAD (LOT 126, PLAN 1051) That Zoning By-law Amendment Application A 15/04, be APPROVED as set out in the draft by-law attached as Appendix I to Report PD 20-05, to amend the existing zoning on the subject lands to permit the development of nine detached dwellings, on lands being Lot 126, Plan 1051, City of Pickering; and That the amending zoning by-law to implement Zoning By-law Amendment Application A 15/04, as set out in Appendix I to Report PD 20-05, be FORWARDED to City Council for enactment. PLANNING & DEVELOPMENT REPORT PD 17-05 ZONING BY-LAW AMENDMENT APPLICATION A 12/05 ALAN & NANCY FORD 1465 ALTONA ROAD PART OF LOT 33, PLAN 228 That Zoning By-law Amendment Application A 12/04 be APPROVED, to rezone the subject property from "R3" to "R4" zone in order to permit the development of four residential lots on lands being Part of Lot 33, Plan 228, City of Pickering, submitted by I. Cot on behalf ofA. & N. Ford; and That the amending zoning by-law to implement Zoning By-law Amendment Application A 12/04, as set out in Appendix I to Report PD 17-05, be FORWARDED to City' Council for enactment as amended to reflect 1.2 metre side yard requirements and 38% lot coverage. Appendix I Executive Committee Report EC 2005-09 011 PLANNING & DEVELOPMENT REPORT PD 18-05 ZONING BY-LAW AMENDMENT APPLICATION A 06/01 GLENDA WINTERSTEIN 5015 BROCK ROAD (SOUTH PART OF LOT 18, CONCESSION 9) That Zoning By-law Amendment Application A 06/04 be APPROVED to permit the establishment of five dwelling units (apartment units) in addition to the currently permitted commercial uses, submitted by Glenda Winterstein, on the lands being the South Part of Lot 18, Concession 9, City of Pickering; and That the amending zoning by-law to implement Zoning By-law Amendment Application A 06/01, as set out in Appendix I to Report PD 18-05, be FORWARDED to City Council for enactment. PLANNING & DEVELOPMENT REPORT PD 19-05 STREET NAME CHANGE OLD BROCK ROAD TO JENASH COURT That the Director, Planning & Development commence preliminary initiatives to change the name of a portion of Old Brock Road to Jenash Court and report back to Council following contact with affected residents. o CORPORATE SERVICES REPORT CS 41-05 WARD BOUNDARY ALTERATIONS 1. That Report to Council CS 41-05 regarding alterations to the ward boundaries, be enacted; and That the alterations to the ward boundaries set out in Report CS 41-05 be accepted in principle and the draft by-law to implement the said alterations to the ward boundaries be referred to the Council Meeting of June 20, 2005 to provide the public with an opportunity to address the alterations in accordance with Section 222(2) of the Municipal Ac~ 2001; and That the appropriats off~cia~s of the City of Pickerin~ be authorizec~ to ,aKe the necessary actions to give effect thereto. 01 ,5.' Appendix I Executive Committee Report EC 2005-09 CORPORATE SERVICES REPORT CS 39-05 CASH POSITION REPORT AS AT MARCH 31, 2005 I. That Report CS 39-05 from the Director, Corporate Services & Treasurer, concerning the Cash Position Report, be received for information. CORPORATE SERVICES REPORT CS 43-05 DEVELOPMENT CHARGES - ANNUAL INDEXING That Report CS 43-05 of the Director, Corporate Services & Treasurer, be received; and That effective July 1, 2005, as provided for in Section 16 of By-law 6349/04, the Development Charges referred to in Sections 6 and 11 of that by-law be increased by 6.4 percent being the annual increase in the Construction Price Statistics as reported by Statistics Canada for the year ended March 31, 2005; and That the appropriate officials of the City of Pickering be given authority to give effect thereto. CORPORATE SERVICES REPORT CS 44-05 ANIMAL CONTROL SERVICES That Report CS 44-05 regarding Animal Control Services, be received; and That Report CS 44-05 regarding the provision of Animal Control Services, be referred to a committee of three Members of Council and the Chief Administrative Officer to develop a work plan that will ensure animal services are available to the residents of Pickering on January 1, 2006; and That Councillors Brenner, McLean and Johnson be appointed to this committee; and That the committee repo~ back to the Executive Committee on June 13th, 2005 with its recommendations. Appendix I 0" '~ Executive Committee Report EC 2005-09 PROCLAMATIONS: "SPINA BIFIDA AND HYDROCEPHALUS AWARENESS MONTH" That Mayor Ryan be authorized to make the following proclamations: "Spina Bifida and Hydrocephalus Awareness Month"- June, 2005 10. CORPORATE SERVICES REPORT CS 42-05 APPOINTMENT TO PUBLIC LIBRARY BOARD 1. That Confidential Report CS 42-05 regarding an appointment to the Public Library Board, be received; and That Ozair Chaudhry be appointed to the Public Library Board for a term to expire on November 30, 2006 and that the draft by-law to implement this appointment, be enacted; and 3. That the appropriate officials of the City of Pickering be authorized to take the necessary actions to give effect thereto. -I3- RESOLUTION OF COUNCIL DATE MOVED BY SECONDED BY That the Report of the Executive Committee EC 2005-10, dated June 13, 2005, be adopted. Appendix I Executive Committee Report EC 2005-10 That the Executive Committee of the City of Pickering having met on June 13, 2005, presents its tenth report to Council and recommends: PLANNING & DEVELOPMENT REPORT PD 24-05 ZONING BY-LAW AMENDMENT APPLICATION A 04/05 EVANGELICAL CHURCH OF GOD 905 DILLINGHAM ROAD, UNIT 14 (PART OF LOT 19, B.F.C. RANGE 3) (UNIT 14, LEVEL 1, DURHAM CONDOMINIUM PLAN 105) That Zoning By-law Amendment Application A 04~05, be APPROVED to add a place of religious assembly as a permitted use on lands being Part of Lot 19, B.F.C. Range 3 (Durham Condominium Plan 105), City of Pickering, submitted by L. James on behalf of the Evangelical Church of God; and That the amending zoning by-law to implement Zoning By-law Amendment Application A 04~05, as set out in Appendix I to Report PD 24-05, be FORWARDED to City Council for enactment. PLANNING & DEVELOPMENT REPORT PD 25-05 ZONING BY-LAW AMENDMENT APPLICATION A 03~05 BRENT JONES & BONNIE ROBERTS 1051 DUNBARTON ROAD SOUTH PART OF LOT 25, CONCESSION 1 (VILLAGE LOT 3) That Zoning By-law Amendment Application A 03/05 be APPROVED to add detached dwelling residential use as a permitted use on lands being South Part of Lot 25, Concession 1 (Village Lot 3), City of Pickering, submitted by B. Jones & B. Roberts. That the amending zoning by-law to implement Zoning By-law Amendment Application A 03/05, as set out in Appendix I to Report PD 25-05, be FORWARDED to City Council for enactment. Appendix I Executive Committee Report EC 2005-10 PLANNING & DEVELOPMENT REPORT PD 23-05 ZONING BY-LAW AMENDMENT APPLICATION A 01/04 DRAFT PLAN OF SUBDIVISION SP-2004-01 816 KINGSTON ROAD (PICKERING) LIMITED & 852 KINGSTON ROAD (PICKERING) LIMITED 816 & 852 KINGSTON ROAD (PART OF LOT 27, RANGE 3, B.F.C.) That Draft Plan of Subdivision SP-2004-01 be APPROVED AS REVISED for two blocks, for the development of commercial uses and future residential uses, submitted by Lorelei Jones & Associates on behalf of 816 Kingston Road (Pickering) Limited and 852 Kingston Road (Pickering) Limited, on lands being Part of Lot 27, Range 3, B.F.C., City of Pickering, subject to conditions outlined in Appendix I to Report PD 23-05; and That Zoning By-law Amendment Application A 1/04, be APPROVED AS REVISED to establish performance standards to permit the development of Draft Plan of Subdivision SP-2004-01 for one block for retail, commercial and office uses fronting Kingston Road, and one block for future residential use as submitted by Lorelei Jones & Associates on behalf of 816 Kingston Road (Pickering) Limited and 852 Kingston Road (Pickering) Limited, on lands being Part of Lot 27, Range 3, B.F.C., City of Pickering; and That the amending zoning by-law to implement Zoning By-law Amendment Application A 1/04, be APPROVED for commercial uses (Block 1) and be DEFERRED for future residential uses (Block 2), be FORWARDED to City Council for enactment. PLANNING & DEVELOPMENT REPORT PD 29-05 ZONING BY-LAW AMENDMENT APPLICATION A 01/05 R.R.V.P. PICKERING WEST INC. (RIO CAN) 1755- 1805 PICKERING PARKWAY SOUTH PART OF LOT 17 & 18, CONCESSION 1 (40R-15636, PART 13) & (40R-11780, PARTS 1, 2, 3, 4, 5 & 6) & (40R-20443, PARTS 1, 3, 5, 6, 7, 8, 9, 10 & 11) (40R-20443, PART 2) That Zoning By-law Amendment Application A 1/05, as set out in the draft by- [aw attached as Appendi× I to Report PD 29-05, to amend the existin~ zonin~ or~ the subject ianc~s to permit actditiona[ uses anc~ revise teasabie floor area provisions~ on ian~s beir~cj South Pa~ of Lot '[7 & '~, Concession t (40R- 15636, Part 13) & (40R-11780, Parts !, 2, 3, 4, 5 & 6) & 40R-20443, Parts 1, 3, 5, 6, 7, 8, 9, 10 & 1!) & (40R-20443, Part 2), in the City of Pickering, be NOT APPROVED; and Appendix I Executive Committee Report EC 2005-10 0!7 PLANNING & DEVELOPMENT REPORT PD 27-05 ZONING BY-LAW AMENDMENT APPLICATION A 09~04 812723 ONTARIO INC. 157 - 165 FINCH AVENUE SOUTHEAST CORNER OF WOODVIEW AVENUE AND FINCH AVENUE (LOT 16, PLAN 329) That Zoning By-law Amendment Application A 09~04 be APPROVED to amend the zoning of the subject property to permit the development of five detached residential dwellings on lot with minimum frontages of 15.0 metres as submitted by Martindale Planning Services on behalf of 812723 Ontario Inc., on lands being Lot 16, Plan 319, City of Pickering, subject to the conditions outlined in Appendix I to Report PD 27-05; and That the amending zoning by-law to implement Zoning By-law Amendment Application A 09~04, as set out in Appendix Il to Report PD 27-05, be FORWARDED to City Council for enactment; and That the request made by Martindale Planning Services on behalf of 812723 Ontario Inc., to permit the division of the subject lands, 157 - 165 Finch Avenue, being Lot 16, Plan 329, City of Pickering through land severance, rather than by draft plan of subdivision, be APPROVED. PLANNING & DEVELOPMENT REPORT PD 28-05 ZONING BY-LAW AMENDMENT APPLICATION A 02~05 PAUL & ROCHELLE AVIS 931 LIVERPOOL ROAD (LOT 68, PLAN M-14) That Zoning By-law Amendment Application A 02~05 be APPROVED, to permit the establishment of a day spa use on the subject property, as submitted by Paul and Rochelle Avis, on lands being Lot 68, Plan M-14, City of Pickering; and That the amending zoning by-law, to implement Zoning By-law Amendment Application A 02/05, as, set out in Appendix ! to Report PD 28-05, be FORWARDED to City Councif for enactment. 0 .!. Appendix I Executive Committee Report EC 2005-10 PLANNING & DEVELOPMENT REPORT PD 30-05 ZONING BY-LAW AMENDMENT APPLICATION A 07/05 MARSHALL HOMES (VILLAGE) LTD. 1295 WHARF STREET PART OF BLOCK 1, PLAN 40M-2177, PART 9, PLAN 40R-22540 That the subject lands be rezoned to expand the floor space of a permitted business office to include the second and third floor of the existing dwelling and to amend the parking requirements for the property known as 1295 Wharf Street, Unit 9; and 2. That the number of parking spaces introduced within the boulevard on the south side of Wharf Street be limited to a maximum of 4 parking spaces; and That the parking space alteration be subject to the applicant entering into an encroachment agreement with and to the satisfaction of the City of Pickering; and 4. That the parking space alteration be subject to site plan approval to the satisfaction of the City of Pickering; and 5. That all costs associated with the introduction of 4 parking spaces within the Wharf Street Boulevard be the responsibility of the applicant; and 6. That site specific zoning be enacted for this property location; and 7. That an amending by-law be forwarded to City Council for enactment. OPERATIONS & EMERGENCY SERVICES REPORT OES 21-05 ARCHITECTURAL SERVICES -SENIORS ACTIVITY CENTRE AND PICKERING RECREATION COMPLEX That Report OES 21-05 regarding Architectural Services, be received; and That the proposal submitted by Stone McGuire Vogt Architect to provide architectural services for the design of a second floor addition and parking lot expansion for the Seniors Activity Centre, be accepted; and That the total gross project cost of $66,340 and a net project cost of $62,000 including consulting fees and other project costs for the architectural services for the Seniors Activity Centre, be approved; and -11 - Appendix I Executive Committee Report EC 2005-10 That the proposal submitted by Jurecka + Associates Architects Inc. to provide architectural services for the design of doubles squash courts and aerobics studios at the Pickering Recreation Complex, be accepted; and That the total gross project cost of $173,307 and a net project cost of $161,970 including consulting fees and other project costs of the architectural services for the Pickering Recreation Complex, be approved; and That Council authorize the Director, Corporate Services & Treasurer to finance the Pickering Recreation Complex architectural service as follows: a) The costs of this phase of the project be temporarily financed internally until the permanent financing for the capital construction, when approved by Council, is undertaken; and b) Debt financing through the Region of Durham in the amount of $160,000 for a period not exceeding 10 years at a rate to be determined, with the balance of $1,970 and any financing costs to be paid from current revenues; and c) Financing and repayment charges in the amount of approximately $20,470 be included in the annual Current Budget for the City of Pickering commencing in 2006 and continuing thereafter until the loan is repaid; and d) The Director, Corporate Services & Treasurer has certified that this loan and the repayment thereof falls within the City's Debt and Financial Obligations approved Annual Repayment Limit for 2005 as established by the Province for municipalities in Ontario; and e) The Treasurer be authorized to take any actions necessary in order to effect the foregoing; and 7. That staff at the City of Pickering be given the authority to give effect thereto. ,¸ OPERATIONS & EMERGENCY SERVICES REPORT OES 19-05 TENDER N©a T-7~2005 - TENDER FOR SURFACE TREATMENT, SEVENTH CONCESSION ROAD, HOXTON STREET AND WESTNEY ROAD That Repo~ OES '~9-06 regarding the Sud:ace Treatment Works for Seventh Concession Road, Hoxton Street and Westney Road, be received; and Appendix I Executive Committee Report EC 2005-10 That Tender No. T-7-2005 submitted by Miller Paving Ltd. for Surface Treatment Works for Seventh Concession Road, Hoxton Street and Westney Road in the amount of $262,701.50 with an adjustment (increase) estimated cost of $80,000 for additional roadway excavation and granular base restoration, for a total of $342,701.50 ($366,690.60 G.S.T. included), be accepted; and That the total project cost of $435,384 including the tender amount, and other associated costs and a net total cost after rebates of $406,901, be approved; and That the amount of $175,000 for Seventh Concession Road to be funded from Debt Financing (10 Year), and the amount of $231,901 for Hoxton Street and Westney Road to be funded from Easement Settlement Agreement Reserve, be approved; and That Council authorize the Director, Corporate Services & Treasurer to finance the project through the issuance of debentures through the Region of Durham; and a) That debt financing not exceeding the amount of $175,000 for a period not exceeding 10 years, at a rate to be determined; and b) That financing and repayment charges in the amount of approximately $22,390 be included in the annual Current Budget for the City of Pickering commencing in 2006 and continuing thereafter until the loan is repaid; and c) That the Director, Corporate Services & Treasurer has certified that this loan and the repayment thereof falls within the City's Debt and Financial Obligations approved Annual Repayment Limit for debt and other financial obligations for 2005 as established by the Province for municipalities in Ontario; and d) That the Treasurer is authorized to take any actions necessary in order to effect the foregoing; and That the appropriate City of Pickering officials be authorized to take necessa~ actior~ to bring effect thereto. Appendix I Executive Committee Report EC 2005-10 10. CORPORATE SERVICES REPORT CS 48-05 SECTION 357/358 OF THE MUNICIPAL ACT ADJUSTMENT TO TAXES That Report CS 48-05 of the Director, Corporate Services & Treasurer, be received; and That the write-off of taxes as provided under Section 357/358 of the Municipal Act, 2001, be approved; and That the appropriate officials of the City of Pickering be authorized to take the necessary action to give effect hereto. 11. CORPORATE SERVICES REPORT CS 49-05 SECTION 357/358 OF THE MUNICIPAL ACT ADJUSTMENT TO TAXES 1. That Report CS 49-05 of the Director, Corporate Services & Treasurer, be received; and 2. That the write-off of taxes as provided under Section 357/358 of the Municipal Act, 2001, be approved; and 3. That the appropriate officials of the City of Pickering be authorized to take the necessary action to give effect hereto. 12. CORPORATE SERVICES REPORT CS 47-05 2005 APTA BUDGET That Report CS 47-05 from the Director, Corporate Services & Treasurer be approved; and a) That Pickering Council reconfirm its 2005 financial commitment for the funding of APTA: Current Budget in the amount of $3,760,939 and Capital Budget in the amount of $2,092,838 for a total of $5,853,777, be approved; and b) That the fundin~o for 2005 APT,~, capitaf inciudes the Region of Durham assumin9 progress payments in the amount of $1,178,006 when title to the new buses is transferred to the Region on January 1, 2006; and 022 Appendix I Executive Committee Report EC 2005-10 c) That the Treasurer be authorized to fund Pickering's share of any over expenditure or shortfall in revenue in APTA's operations by a transfer from the Transit Reserve; and That the appropriate staff of the City of Pickering be given authority to give effect thereto. 13. CORPORATE SERVICES REPORT CS 50-05 INVESTMENT PORTFOLIO ACTIVITY FOR THE YEAR ENDED DECEMBER 31, 2004 1. That Report CS 50-05 of the Director, Corporate Services & Treasurer, be received by Council for information. 14. CORPORATE SERVICES REPORT CS 45-05 APPOINTMENT TO ENFORCE THE PARKING BY-LAW AT 1822 WHITES ROAD That Report CS 45-05respecting the appointment of Special Municipal Law Enforcement Officers for the purpose of enforcing the Parking By-law on private property, be received; and That the draft by-law to appoint persons to enforce the Parking By-law at 1822 Whites Road, be forwarded to Council for approval; and That the appropriate officials of the City of Pickering be authorized to take the necessary actions to give effect thereto. 15. CORPORATE SERVICES REPORT CS 38-05 2005 TAX RATES FOR ALL CLASSES OF PROPERTY AND FINAL TAX DUE DATES FOR ALL REALTY CLASSES EXCEPT FOR COMMERCIAL. INDUSTRIAL & MULTI-RESIDENTIAL REALTY CLASSES That Report CS 38-05 of the Director, Corporate Services & Treasurer, be received; and That the 2005 Residential tax rates for the City of Pickering, be approved as contained in Schedule A to By-taw 6534105, attached hereto; and Appendix I Executive Committee Report EC 2005-10 That the tax levy due dates for the Final Billing be July 15, 2005 and September 29, 2005 excluding the industrial, multi-residential and commercial realty tax classes; and That the attached By-law 6534/05, providing for the imposition of the tax rates approved under Recommendation I above, be read three times and approved; and That the Director, Corporate Services & Treasurer, be authorized to make any changes or undertake any actions necessary, including altering due dates, in order to ensure the tax billing process is completed; and That the Director, Corporate Services & Treasurer, be authorized to make any changes to the final tax rates to comply with Provincial regulations; and 8. That the appropriate City of Pickering officials be authorized to take the necessary actions to give effect thereto. 16. PROCLAMATIONS: "NATIONAL MARINA DAY" "FALL PREVENTION WEEK" That Mayor Ryan be authorized to make the following proclamations: "National Marina Day"-August 13, 2005 "Falls Prevention Week"- October 16 - 22, 2005 17. CHIEF ADMINISTRATIVE OFFICE REPORT CAO 09-05 FIRE PROTECTION AND COMMUNITY EMERGENCY MANAGEMENT (MOU) CITY OF PICKERING AND ONTARIO POWER GENERATION That the recommendation set out in Confidential Report CAO 09-05 regarding a Fire Protection and Community Emergency Management (MOU) be adopted, as amended. -16- 024 RESOLUTION OF COUNCIL DATE MOVED BY SECONDED BY WHEREAS in a motion passed on May 31, 2005, the Board of Directors for the Picketing Manor for Palliative Care requested that the Council of the City of Pickering sanction the appointment of Councillor Maurice Brenner to the Board of Directors for Pickering Manor for Palliative Care as the Government Liaison and Media Advisor; NOW THEREFORE The Council of the Corporation of the City of Pickering hereby sanctions the appointment of Councillor Brenner to the Board of Directors for Pickering Manor for Palliative Care as the Government Liaison and Media Advisor. CARRIED: MAYOR Taylor, Bruce From: Brenner, Maurice, Councillor Sent: June 3, 2005 12:28 PM To: Taylor, Bruce Subject: FW: Pickering Manor 095 Bruce Please add this to the Council agenda for Monday Thanks Maurice From: KFred873@aol.com [mailto:KFred873@aol.com] Sent: Fri 03/06/2005 8:22 AH To: Brenner, Haurice, Councillor Subject." Pickering rvlanor 31 May 2005 Notice of Motion On 31 May 2005 at the Board IVleeting for Pickerin§ Manor for Palliative Hospice Care it was motioned that we present to Pickering Council to sanction Maurice Brenner, Regional Councilor Ward I as a Board Member to Pickering Manor as Government Liasion & Media Advisor. This was motioned by David Raby Seconded by Dr. L. Tanious carried Submitted by Kathy Frederick Executive Director Picketing Manor THE CORPORATION OF THE CITY OF PICKERING BY-LAW NO.6534/05 Being a by-law to adopt the estimates of all sums required to be raised by taxation for the year 2005 and to establish the Tax Rates necessary to raise such sums and establish the final due dates for the residential, pipeline, farmland and managed forest realty tax classes. WHEREAS it is necessary for the Council of The Corporation of the City of Pickering, pursuant to the Municipal Act, 2001, S.O. 2001, c25, as amended, to pass a by-law to levy a separate tax rate on the assessment in each property class; and, WHEREAS the property classes have been prescribed by the Minister of Finance under the Assessment Act, R.S.O. 1990, ch.A.31, as amended and its Regulations; and, WHEREAS it is necessary for the Council of The Corporation of the City of Pickering, pursuant to the Municipal Act, to levy on the whole rateable property according to the last revised assessment roll for The Corporation of the City of Pickering the sums set forth for various purposes in Schedule "A", for the current year; and, WHEREAS the Regional Municipality of Durham has passed By-law No. 16-2005 to establish tax ratios and By-law 17-2005 to adopt estimates of all sums required by The Regional Municipality of Durham for the purposes of the Regional Corporation and By- law 15-2005 to set and levy rates of taxation for Regional Solid Waste Management and By-law No. 14-2005 to set and levy rates of taxation for Regional General Purposes and set tax rates on Area Municipalities; and, WHEREAS the Regional Municipality of Durham has provided the 2005 education tax rates for the realty classes; and, WHEREAS sub section 342(2) of the Municipal Act, 2001, S.O. 2001, c25, as amended, permits the issuance of separate tax bills for separate classes of real property for 2005; and, WHEREAS an interim levy was made by the Council of The Corporation of the City of Pickering (pursuant to By-law No. 6451-05) before the adoption of the estimates for the current year. NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE CITY OF PICKERING HEREBY ENACTS AS FOLLOWS: For the year 2005, The Corporation of the City of Pickering (the "City") on May 2, 2005, approved Council Report CS 30-05 and corresponding schedules and attachments as presented including the budgetary levy of $34,277,887 and assessment growth of $375,873 for a total tax levy of $34,653,760. For the year 2005, the City shall levy upon the Property Classes set out in Schedule "A", the rates of taxation as set out in Schedule "A", for the City of Pickering, the Region of Durham and for Education purposes on the current value assessment as also set out in Schedule "A". Where applicable, taxes shall be adjusted in accordance with Bill 140, as amended and its Regulations. The levy provided for in Schedule "A" shall be reduced by the amount of the interim levy for 2005. The Tax Levy due dates for the Final Billing be July 15, 2005 and September 29, 2005 for all classes excluding the non-residential tax classes (commercial, industrial and multi-residential.) if any section or portion of this By-law or of Schedule "A" is found by a court of competent jurisdiction to be invalid, it is the intent of Council for The Corporation of the City of Pickering that all remaining sections and portions of this By-law and of Schedules "A" continue in force and effect. This 8yqaw comes into force on the date of its final passing. 027 BY-LAW read a first, second and third time and finally passed this 20th day of June 2005. David Ryan, Mayor Debi Bentley, Clerk 025 THE CORPORATION OF THE CITY OF PICKERING BY-LAW NO. 6535/05 Being a By-law to amend Restricted Area (Zoning) By-law 3036, as amended, [o implement the Official Plan of the City of Pickering, Region of Durham in South Part of Lot 25, Concession I (Village Lot 3), in the City ofPickerina. / '~ ~ ~ ~.A 0,,/0,~) WHEREAS the Council of The Corporation of the City of Pickering deems it desirable to rezone the subject property, being South Part of Lot 25, Concession 1 (Village Lot 3), in order to permit the creation of a residential garage/workroom; AND WHEREAS an amendment to By-law 3036, as amended, is therefore deemed necessary; NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE CITY OF PICKERING HEREBY ENACTS AS FOLLOWS: 1. SCHEDULE "1" Schedule 'T' attached to this By-law with notations and references shown thereon is hereby declared to be part of this By-law. TEXT AMENDMENT Section 12 - General Commemial Zone - C2 is hereby amended by adding the following subsection after Subsection 12.4.4: 12.4.5- South Part of Lot 25, Concession 1 (1051 Dunbarton Road) (a) Despite the uses permitted under Subsection 12.1 of this By-law, the following uses are permitted on the lands designated "C2-2" on Schedule I to this By-law: (i) bake shop (ii) business office (iii) clinic (iv) detached dwelling (v) dressmaker shop (vi) dry-cleaner distributing station (vii) fraternal organization (viii) laundromat (ix) museum (x) professional office (xi) religious institution (xii) restaurant- type A (xiii) retail store (xiv) sample or showroom (xv) service store (xvi) tailor shop (b) Despite the area requirements under Subsection 12.2 of this By-law, no person shall whithin the lands designated "C2-2" on Schedule I to this By-law, erect, alter, or use any building or structure unless in accordance with the following provisions: (i) Lot Frontage (minimum): (ii) Lot Area (minimum): (iii) Front Yard Depth (minimum): (iv) Rear Yard Depth (minimum): (v) Side Yard Width (minimum): (vi) Lot Coverage (maximum): (vii) Building Height (maximum): 15 metres 460 square metres 4.5 metres 7.5 metres 1.2 metres 38% 12 metres (viii) (ix) Despite (v) above, the following side yard width standards shall apply to the detached dwelling which exists on the date of the passing of this By-law: West Side Yard Width (minimum): East Side Yard Width (minimum): 1.8 metres 0 metres Despite the height provision of Clause 5.18(c) of By-law 3036, the maximum height of any accessory structure shall be 5.6 metres BY-LAW 3036 By-law 3036 is hereby further amended only to the extent necessary to give effect to the provisions of this By-law as set out in Section 1 and 2 above. Definitions and subject matters not specifically dealt with in this By-law shall be governed by the relevant provisions of Byqaw 3036, as amended. EFFECTIVE DATE This By-law shall come into force in accordance with the provisions of the Planning Act. BY-LAW read a first, second and third time and finally passed this 20th day of June, 2005. David Ryan, Mayor Debi A. Bentley, City Clerk SCHEDULE I TO BY-LAW 6535/05 PASSED THIS_ 20t~, DAY OF .~r .... 2005 MAYOR CLERK THE CORPORATION OF THE CITY OF PICKERING BY-LAW NO. &~'~/05 Being a By-law to amend Restricted Area (Zoning) By-law 2511, as amended, to implement the Official Plan of the City of Pickering, Region of Durham in Part of Lot 19, B.F.C. Range 3, in the City of Pickering. (A 4/05'! WHEREAS the Council of The Corporation of the City of Pickering deems it desirable to permit the use of a place of religious assembly on the subject lands, being Part of !Lot 19, B.F.C. Range 3; AND WHEREAS an amendment to By-law 2511, as amended, is therefore deemed necessary; NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE CITY OF PICKERING HEREBY ENACTS AS FOLLOWS: 1. TEXT AMENDMENT Subsection 17.4.4 of By-law 3036 is hereby amended by adding Subclause (c) into the definition provision of Clause 17.4.4 (1) and by adding Clause 17.4.4 (3) after Clause 17.4.4 (2): 17.4.4 - Part of Lot 19, B.F.C. Range 3 (Durham Condominium Plan 105) (1) Definitions (c) "Place of Religious Assembly" shall mean lands or premises where people assemble for worship, counselling, educational, contemplative or other purpose of a religious nature, which may include social, recreational, and charitable activities, and offices for the administration thereof; (3) Provisions for a Place of Reliqious Assembly In addition to the provision of Subsection 17.1 hereof, a Place of Religious Assembly is permitted on lands known as Part of Lot 19, B.F.C. Range 3 (Durham Condominium Plan 105), in the City of Pickering, provided that the following requirements are met: (a) The gross leasable floor area of all Places of Religious Assembly shall not exceed 170 square metres; 2. BY-LAW 2511 By-law 2511 is hereby further amended only to the extent necessary to give effect to the provisions of this By-law as set out in Section 1 above. Definitions and subject matters not specifically dealt with in this By-law shall be governed by the relevant provisions of By-law 2511, as amended. 3. EFFECTIVE DATE This By-law shall come into force in accordance with the provisions of the Plann/ng Act. BY-LAW read a first, second and third time and finally passed this 20th day of ,)', n ~ ,2005. 03i David Ryan, Mayor Debi A. Bentley, Clerk 03 THE CORPORATION OF THE CITY OF PICKERING BY-LAW NO. Being a By-law to amend Restricted Area (Zoning) By-law 3036, as amended, to implement the Official Plan of the City of Pickering in the Region of Durham, Lot 16, Plan 329, City of Pickering. (A 09~04) WHEREAS the Council of The Corporation of the City of Pickering deems it desirable to permit the development of detached residential dwellings on lots with minimum frontages of 15.0 metres, on the subject lands being Lot 16, Plan 329, in the City of Pickering; AND WHEREAS an amendment to By-law 3036, as amended, is therefore deemed necessary; NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE CITY OF PICKERING HEREBY ENACTS AS FOLLOWS: 1. SCHEDULEI Schedule I attached to this By-law with notations and references shown thereon is hereby declared to be part of this By-law. AREA RESTRICTED The provisions of this By-law shall apply to those lands in Lot 16, Plan 329, in the City of Pickering, designated "S1-14" on Schedule I attached to this By-law. GENERALPROVISIONS No building, land or part thereof shall hereafter be used, occupied, erected, moved, or structurally altered except in conformity with the provisions of this By-law. DEFINITIONS In this By-law, (1) (a) "Dwelling" shall mean a building or part of a building containing one or more dwelling units, but does not include a mobile home or trailer; (b) "Dwelling Unit" shall mean one or more habitable rooms occupied or capable of being occupied as a single, independent, and separate housekeeping unit containing a separate kitchen and sanitary facilities; (c) "Dwelling, Single or Single Dwelling" shall mean a single dwelling containing one dwelling unit and uses accessory thereto; (d)"Dwellinq, Detached or Detached Dwellin.q" shall mean a single dwelling which is freestanding, separate, and detached from other main buildings or structures; (e) (f) "Floor Area - Residential" shall mean the area of the floor surface contained within the outside walls of a storey or part of a storey; "Gross Floor Area - Residential" shall mean the aggregate of the floor areas of all storeys of a building or structure, or part thereof as the case may be, other than a pdvate garage, an attic, or a cellar; (g) "Lot" shall mean an area of land fronting on a street which is used or intended to be used as the site of a building, or group of buildings, as the case may be, together with any accessory buildings or structures, or a public park or open space area, regardless of whether or not such !or constitutes the whole of a lot or block on a registered ~)lan of subdivision; (h) "Lot Coveraqe" shall mean [he percentage of lot area covered by all buildings on the lot; (i) "Lot Frontaqe" shall mean the width of a lot between the side lot lines measured along a line parallel to and 7.5 metres distant from the front lot line; (j) "Private Garaqe" shall mean an enclosed or partially enclosed structure for the storage of one or more vehicles, in which structure no business or service is conducted for profit or otherwise; (k) "Yard" shall mean an area of land which is appurtenant to and located on the same lot as a building or structure and is open, uncovered, and unoccupied above ground except for such accessory buildings, structures, or other uses as are specifically permitted thereon; "Front Yard" shall mean a yard extending across the full width of a lot between the front lot line of the lot and the nearest wall of the nearest main building or structure on the lot; (m)"Front Yard Depth" shall mean the shortest horizontal dimension of a front yard of a lot between the front lot line and the nearest wall of the nearest main building or structure on the lot; (n) "Rear Yard" shall mean a yard extending across the full width of a lot between the rear lot line of the lot, or where there is no rear lot line, the junction point of the side lot lines, and the nearest wall of the nearest main building or structure on the lot; (o) "Rear Yard Depth" shall mean the shortest horizontal dimension of a rear yard of a lot between the rear lot line of the lot, or where there is no rear lot line, the junction point of the side lot lines, and the nearest wall of the nearest main building or structure on the lot; (p) "Side Yard" shall mean a yard of a lot extending from the front yard to the rear yard, and from the side lot line to the nearest wall of the nearest main building or structure on the lot; (q) "Side Yard Width" shall mean the shortest horizontal dimension of a side yard of a lot between the side lot line and the nearest wall of the nearest main building or structure on the lot; (r) "Flankaqe Side Yard" shall mean a side yard immediately adjoining a street or abutting on a reserve on the opposite side of which is a street; (s) "Flanka.qe Side Yard Width" shall mean the shortest horizontal dimension of a flankage side yard of a lot between the lot line adjoining a street or abutting on a reserve on the opposite side of which is a street, and the nearest wall of the nearest main building or structure on the lot; (t) "Interior Side Yard" shall mean a side yard other than a flankage side yard. 034 -3- PROVISIONS (1) (a) Uses Permitted ("S1-14" Zone) No person shall within the lands designated "S1-14" on Schedule attached hereto, use any lot or erect, alter, or use any building or structure for any purpose except the following: (i) detached dwelling residential use (b) Zone Requirements ("S1- 14" Zone) No person shall within the lands designated "S1-14" on Schedule 1 attached hereto, use any lot or erect, alter, or use any building except in accordance with the following provisions: (i) LOT AREA (minimum): 460 square metres (ii) LOT FRONTAGE (minimum): 15.0 metres (iii) FRONT YARD DEPTH (minimum): 4.5 metres (iv) INTERIOR SIDE YARD WIDTH (minimum): 1.2 metres (v) FLANKAGE SIDE YARD WIDTH (minimum): 2.7 metres (vi) REAR YARD DEPTH (minimum): 7.5 metres (vii) LOT COVERAGE (maximum): 38 percent (viii) BUILDING HEIGHT (maximum): 9.0 metres (viii) DWELLING UNIT REQUIREMENTS: (a) maximum one dwelling unit per lot with a minimum gross floor area of 100 square metres. (ix) PARKING REQUIREMENTS: A minimum one private garage per lot attached to the main building, any vehicular entrance of which shall be located a minimum of 6.0 metres from the front lot line, and 6.0 metres from any side lot line immediately adjoining a street or abuttir~g on a reserve on the opposite side of which is a street; and, B maximum projection of the garage front entrance from the wall containing the main entrance to the dwelling unit shall not exceed 2.5 metres in length, whether or not such garage has a second storey, except where a covered and unenclosed porch or veranda extends a minimum of 1.8 metres from the wall containing the main entrance to the dwelling unit, in which case no part of any attached pdvate garage shall extend more than 3.0 metres beyond the wall containing the main entrance to the dwelling unit. -4- BY-LAW By-law 3036, as amended, is hereby further amended only to the extent necessary to give effect to the provisions of this By-law as it applies to the area set out in Schedule I attached hereto. Oefinitions and subject matters not specifically dealt with in this By-law shall be governed by relevant provisions of By-law 3036, as amended. 035 EFFECTIVE DATE This By-law shall take effect from the day of passing hereof subject to the approval of the Ontario Municipal Board, if required. BY-LAW read a first, second, and third time and finally passed this 20th day of June, 2005. David Ryan, Mayor Debi A. Bentley, City Clerk 5~A~ SCHEDULE I TO BY-LAW 6537/o.5 PASSED THIS 2o~-h DAY OF June 2005 MAYOR CLERK THE CORPORATION OF THE CITY OF PICKERING BY-LAW NO. 6535/05 Being a By-law to amend Restricted Area (Zoning) By-law 2520, as amended, to implement the Official Plan of the City of Pickering District Planning Area, Region of Durham, in Lot 88 Plan M-14, in the City of Pickering. (A02/05) WHEREAS the Council of The Corporation of the City of Pickering deems it desirable to permit the development of a day spa on the subject property, being Lot 68, Plan M-14, in the City of Pickering; AND WHEREAS an amendment to By-law 2520, as amended, is therefore deemed necessary; NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE CITY OF PICKERING HEREBY ENACTS AS FOLLOWS: SCHEDULE I Schedule I attached to this By-law with notations and references shown thereon are hereby declared to be part of this By-law. AREA RESTRICTED The provisions of this By-law shall apply to those lands in Lot 68, Plan M-14, in the City of Pickering, designated "CO-DS" on Schedule I attached hereto. GENERAL PROVISIONS No building, land or part thereof shall hereafter be used, occupied, erected, moved or structurally altered except in conformity with the previsions of this By-law. DEFINITIONS In this By-law, (1) "Adult Entertainment Parlour" shall mean a building or part of a building in which is provided, in pursuance of a trade, calling, business or occupation, services appealing to or designed to appeal to erotic or sexual appetites or inclinations; (2) i'Body Rub" include the kneading, manipulating, rubbing, massaging, touching, or stimulating, by any means, of a person's body or part thereof but does not include medical or therapeutic treatment given by a person otherwise duly qualified, licensed or registered so to do under the laws of the Province of Ontario; (3) "Body Rub Parlour" includes any premises or part thereof where a body-rub is preformed, offered or solicited in pursuance of a trade, calling, business or occupation, but does not include any premises or part thereof where the body-rubs performed are for the purpose of medical or therapeutic treatment and are preformed or offered by persons otherwise duly qualified, licensed or registered so to do. under the laws of the Province of Ontario; 037 035 -2- (4) "Build-to-Zone" shall mean an area of land within which all or part of a building or buildings are to be located; (5) "Business Office" shall mean a building or part of a building in which the management or direction of business, a public or pdvate agency, a brokerage or a labour or fraternal organization is carried on and which may include a telegraph office, a data processing establishment, a newspaper publishing office, the premises of a real estate or insurance agent, or a radio or television broadcasting station and related studios or theatres, but shall not include a retail store; (6) "Day Spa" shall mean a building or part of a building in which beauty and aesthetic treatments are provided, such as hair removal, make-up application, cosmetic tattooing, massage therapy, and weight loss treatments, but shall not include a body rub parlour, and shall not provide over night accommodations; (7) "Dwelling Unit" shall mean one or more habitable rooms occupied or capable of being occupied as a single, independent, and separate housekeeping unit containing a separate kitchen and sanitary facilities; (8) "Gross Leaseable Floor Area" shall mean the aggregate of the floor areas of all storeys above or below established grade designed for owner or tenant occupancy or exclusive use only, but excluding storage areas below established grade; (9) "Lot" shall mean an area of land fronting on a street which is used or intended to be used as the site of a building, or group of buildings, as the case may be, together with any accessory buildings or structures, or a public park or open space area, regardless of whether or not such lot constitutes the whole of a lot or block on a registered plan of subdivision; 00) "Professional Office" shall mean a building or part of a building in which medical, or other professional service is performed or consultation given, and which may include a clinic, the offices of an architect, a chartered accountant, an engineer, a lawyer or a physician, but shall not include a body-rub parlour; (11) "Retail Store" shall mean a building or part of a building in which goods, wares, merchandise, substances, articles or things are stored, kept and offered for retail sale to the public. PROVISIONS (1) Uses Permitted ("CO-DS" Zone) No person shall, within the lands zoned "CO-DS" on Schedule I attached to this By-law, use any lot or erect, alter or use any building or structure for any purpose except the following: a) business office b) professional office c) day spa d) dwelling unit (2) Zone Requirements ("CO-DS" Zone) No person shall within the lands designated "CO-DS" on Schedule I attached hereto use any lot or erect, alter or use any building except in accordance with the following provisions: (a) BUILDING RESTRICTIONS (i) Building Location and Setbacks: A Buildings and structures shall comply with the building envelope illustrated on Schedule I attached hereto. The build-to-zone illustrated on Schedule I attached hereto shall have located within it a building or buildings, or part of a building or buildings, which must occupy a minimum of 50% of the build-to-zone. 033 (ii) Building Height: maximum !2.0 metres (b) PARKING REQUIREMENTS (i) A minimum of 5 parking spaces shall be provided for every 100 square metres of gross leasable floor area or part thereof, and a minimum of 1 parking space shall be provided for any dwelling unit; (ii) Despite Clause 5(b)(i) above, a minimum of 2 spaces of the required parking must be located on the lands designated "CO-DS" on Schedule I attached hereto, while the remaining required parking spaces may be considered to be provided on the lands owned by the City of Pickering (Block AZ, Plan M-14) provided an agreement exists with the City of Pickering and the owner of the lands designated "CO-DS" on Schedule I attached hereto; (iii) Clauses 5.21.2 a) and b) of By-law 2520, as amended, shall not apply to the lands designated "CO-DS" on Schedule I attached hereto; (iv) Despite Clauses 5.21.2 g) and 5.21.2 k) of Byqaw 2520, as amended, all entrance and exits to parking areas and all parking areas shall be surfaced with brick, asphalt, or concrete, or any combination thereof. (c) SPECIAL REGULATIONS (i) All uses, other than parking, shall take place entirely within enclosed buildings or structures with no outside storage or display; (ii) A dwelling unit shall only be permitted if a business office, professional office, or day spa exist on the property; (ii0 Despite the provisions outlined above: A a day spa, as defined herein, with a maximum gross leaseable floor area of 110 square metres; a residential detached dwelling, as per Section 8.1 of By-law 2520; and, a professional office, as per Section 8.5 of By-law 2520, shall be permitted within the building existing, on the lands designated "CO-DS" on Schedule I attached hereto, on the date of passing of this by-law; B a minimum of 3 parking spaces shall be provided on-site for any day spa use contained within the building existing on the date of the passing of this by-law, on the lands designated "CO-DS" on Schedule I attached hereto. Clause 5.21.2 d) of By-law 2520, as amended, shall not apply; C the building existing on the lands designated "CO-DS" on Schedule I attached hereto, on the date of the passing of this by-law, shall be deemed to comply with the provisions of By-law 2520, as amended. Any major additions or redevelopment shall comply with the provisions set out herein. -4- BY-LAW 2520 (1) By-law 2520, as amended, is hereby further amended only to the extent necessary to give effect to the provisions of this By-law as it applies to the area set out in Schedule i attached hereto. Definitions and subject matters not specifically dealt with in this By-law shall be governed by relevant provisions of By-law 2520, as amended. EFFECTIVE DATE This By-law shall take effect from the day of passing hereof subject to the approval of the Ontario Municipal Board, if required. BY-LAW read a first, second and third time and finally passed this 20th day of June, 2005. David Ryan, Mayor Debi A. Bentley, City Clerk / / j --i-/j --- BUILDING ENVELOPE ~ BUILD-TO-ZONE SCHEDULE I TO BY-LAW 6538/o5 PASSED THIS 20th DAY OF . June 2005 MAYOR CLERK 04£ THE CORPORATION OF THE CITY OF PICKERING BY-LAW NO. 6539/05 ,~eing a By-law to amend Restricted Area (Zoning) By-law 3036, as amended, to implement the Official Plan of the City of Picketing District P!anning Area, Region of Durham in Part of Lot 27, Range 3, Broken Front Concession, City of Picketing. (A 01/04) WHEREAS the Council of The Corporation of the City of Pickering deems it desirable to permit the development of retail, commercial, office and restaurant uses on the subject lands being Part of Lot 27, Range 3, Broken Front Concession in the City of Picketing. AND WHEREAS an amendment to By-law 3036, as amended, is therefore deemed necessary; NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE CITY OF PICKERING HEREBY ENACTS AS FOLLOWS: SCHEDULES land II Schedules I and II attached to this By-law with notation and references shown thereon is hereby declared to be part of this By-law. AREA RESTRICTED The provisions of this By-law shall apply to those lands in Part of Lot 27, Range 3, Broken Front Concession, in the City of Pickering, designated "MU-20" on Schedule I attached hereto. GENERAL PROVISIONS No building, land or part thereof shall hereafter be used, occupied, erected, moved or structurally altered except in conformity with the provisions of this By-law. DEFINITIONS In this By-law, (1) "Adult Entertainment Parlour" shall mean a building or part of a building in which is provided, in pursuance of a trade, calling, business or occupation, services appealing to or designed to appeal to erotic or sexual appetites or inclinations; (2) "Bakery" shall mean a building or part of a building in which food products are baked, prepared and offered for retail sale, or in which food products baked and prepared elsewhere are offered for retail sale; (3) "Body Rub Parlour" includes any premises or part thereof where a body rub is performed, offered or solicited in pursuance of a trade, calling, business or occupation, but does not include any premises or part thereof where the body rubs performed are for the purpose of medical or therapeutic treatment and are performed or offered by persons otherwise duly qualified, licensed or registered so to do under the laws of the Province of Ontario; (4) (5) (6) -2- "Business Offices" shall mean a building or part of a building in which the management of direction of business, a public or private agency, a brokerage or a labour or fraternal organization is carried on and which may include a telegraph office, a data processing establishment, a newspaper publishing office, the premises of a real estate or insurance agent, or a radio or television broadcasting station and related studios or theaters but shall not include a retail store; "Club" shall mean a building or part of a building in which a not-for-profit or non-commercial organization carries out social, cultural, welfare, athletic or recreational programs for the benefit of the community; "Commercial Club" shall mean an athletic or recreational club operated for gain or profit and having public or private membership, but shall not include an adult entertainment parlour as defined herein; 04 3 (7) (8) (9) (10) (11) (12) "Day Nursery" shall mean lands and premises duly licensed pursuant to the provisions of the Day Nurseries Act, or any successor thereto, for use as a facility for the daytime care of children; "Dry Cleaning Depot" shall mean a building or part of a building used for the purpose of receiving articles, goods, or fabrics to be subjected to dry cleaning and related processes elsewhere, and of distributing article, goods or fabrics which have been subject to any such processes; "Financial Institution" shall mean a building or part of a building in which money is deposited, kept, lent or exchanged, and which may include drive-through facilities; (a) "Floor Area-Residential" shall mean the area of the floor surface contained within the outside walls of a storey or part of a storey; (b) "Gross Floor Area-Residential" shall mean the aggregate of the floor areas of all storeys of a building or structure, or part thereof as the case may be, other than a private garage, an attic or a cellar; "Gross Leasable Floor Area" shall mean the aggregate of the floor areas of all storeys above or below established grade designed for owner or tenant occupancy or exclusive use only, but excluding storage areas below established grade; (a) "Lot" shall mean an area of land fronting on a street which is used or intended to be used as the site of a building, or group of buildings, as the case may be, together with any accessory buildings or structures, or a public park or open space area, regardless of whether or not such lot constitutes the whole of a lot or block on a registered plan of subdivision; (b) (c) "Lot Coverage" shall mean the percentage of lot area covered by all buildings on the lot; "Lot Fronta.qe" shall mean the width of a lot between the side lot lines measured along a parallel to and 7.5 metres distant from the front lot line; (13) "Medical Office Facility" shall mean a building or part of a building in which professional medical services other than veterinary services are performed, and may include, (i) (ii) a medical dispensary, facilities for medical, surgical, physiotherapeutic or other human treatment, medical testing and diagnostic facilities; but shall not include a body-rub parlour; (14) (15) (16) (17) -3- "Personal Service Shop" shall mean an establishment in which a personal service is performed and which may include a barber shop, a beauty salon, a shoe repair shop, a tailor or a dressmaking shop or a photographic studio, but shall not include a body-rub parlour; "Place of Amusement or Entertainment" shall mean a building or part of a building in which ~aciiities are provided for amusement or entertainment purposes, and which may inciude a billiard or pool room, a dance hall, a music hail, or theatre, but shall not include a games arcade; "Place of Assembly" shall mean a building or part of a building in which facilities are provided for civic, educational, political, recreational, religious or social meetings purposes and may include facilities for entertainment purposes such as musical or theatrical performances, but shall not include a place of amusement or entertainment, or games arcade as defined herein; "Professional Office" shall mean a building or part of a building in which medical, legal or other professional services are performed or consultation given, and which may include a clinic, the office of an architect, a chartered accountant, an engineer, a lawyer or a physician but shall not include a body rub parlour; (18) "Restaurant - Type A" shall mean a building or part of a building where food is prepared and offered or kept for retail sale to the public for immediate consumption on the premises or off the premises, but shall not include a drive-thru; (19) "Retail Store" shall mean a building or part of a building in which goods, wares, merchandise, substances, articles or things are stored, kept and offered for retail sale to the public; PROVISIONS (1) Uses Permitted ("MU-20") ZONE No person shall, within the lands zoned "MU-20" on Schedule I attached to this By-law, use any lot or erect, alter or use any building or structure for any purpose except the following: (a) bakery (b) business office (c) club (d) commercial club (e) day nursery (f) dry cleaning depot (g) financial institution (h) medical office facility (i) personal service shop (j) place of amusement and entertainment (k) place of assembly (I) professional office (m) restaurant - Type A (n) retail store -4- (2) Zone Requirements ("MU-20") Zone No person shall within lands zoned "MU-20" on Schedule I attached hereto use any lot or erect, alter or use any building except in accordance with the following provisions: (a) BUILDING RESTRICTIONS (i) ~3uilding Location and Setbacks: Buildings and Structures shall be located entirely within the Building Envelope illustrated on Schedule II attached to this By-law. (~i) For the purpose of this clause, the building envelope and build-to-zone shown on Schedule II attached hereto shall be measured from the property lines; No building or portion of a building or structure shall be erected within the building envelope shown on Schedule II attached hereto, unless 58 metres of the entire length of the build-to-zone, adjacent to Kingston Road is occupied by a continuous portion of the exterior wall of the building or buildings containing the building interior; (iv) Functional Floors: A minimum of 500 square metres of second storey functional gross floor area shall be provided in a building located within the area shaded on Schedule II attached hereto; (v) Building Height: A minimum 6.5 metres Maximum 12.0 metres B Despite (A) above, for any building or part thereof situated within 10 metres of any residential zone the maximum building height shall be 6.5 metres. (b) PARKING REQUIREMENTS (i) A minimum of 4.5 parking spaces shall be provided and maintained on lands zoned "MU-20" on Schedule I attached to this By-law for every 100 square metres of gross leasable floor area or part thereof; Clauses 5.21.2(a),(b),(c) and (e) inclusive, of By-law 3036, as amended, shall not apply to the lands zoned "MU-20" on Schedule I attached hereto; Despite Clauses 5.21.2(g) and 5.21.2(k) of By-law 3036, as amended, all entrances and exits to parking areas and all parking areas shall be surfaced with brick, asphalt, or concrete or any combination thereof; (c) SPECIAL REGULATIONS (i) A maximum combined gross leasable floor area for all restaurants on the lands zoned "MU-20" on Schedule I attached to this By-law shall be 1000 square metres; 0 4,3 -5- (3) Uses Permitted Zone Requirements ("H" Zone) Until such time as the "H" Holding provision is lifted, the lands shall not be used for any purpose other than one single detached dwelling and accessow uses, subject to the provisions of Section 9 of By-law 3036. (4) Removal of the 'H" Hoidinq S,vmbol The "H" Holding Symbol shall not be removed from the "MU-20" zone until such time as a fair portion of landuse/urban study costs has been paid to the City, a Site Plan Agreement has been executed with the City and a Development Agreement to provide for the; exchange of easements between abutting properties; stormwater treatment on the lands subject to this By-law and to provide for the urbanization (including provision of sidewalks) of the boulevard fronting Kingston Road and Sheppard Avenue, has been executed to the satisfaction of the City of Pickering. BY-LAW 3036 By-law 3036 is hereby amended only to the extent necessary to give effect to the provisions of this By-law as it applies to the area set out in Schedule I attached hereto. Definitions and subject matters not specially dealt with by the By-law shall be governed by the relevant provisions of By-law 3036, as amended. EFFECTIVE DATE This By-law shall take effect from the day of passing hereof, subject to the approval of the Ontario Municipal Board, if required. BY-LAW read a first, second and third time and finally passed this 20th day of June, 2005. David Ryan, Mayor Debi A. Bentley, Clerk SCHEDULE I TO BY-LAW 6559/05 PASSED THIS 20th DAY OF J-. e 2005 MAYOR CLERK ..... BUILDING ENVELOPE ~Bupn-TO-ZONE ~SECOND STOREY FUNCTIONAL FLOOR AREAREOUIRED SCHEDULE TI' TO BY-LAW. 6559/05 PASSED THIS 2Otb DAY OF J..~_ 2005 MAYOR CLERK WOOD SHEPPARD AVENUE EDOEWOOD COURT SHADYBROOK JACQUELINE E'S LANE C.N.R. WELRUS STREET SPRUCE AVENUE OOLDENR \ \ .'""1 City of Pickering Planning & Development Department PROPERTY DESCRIPTION PART OF LOT 27, BROKEN FRONT CONCESSION, RANGE 3 OWNER 816 & 852 KINGSTON (PICKERING) LTD. DATE MAR. 14, 2005 DRAWN BY JB ~"/'~ FILE No. SP 2004-01 & A01/04 SCALE 1:5000 CHECKED BY RP THE CORPORATION OF THE CITY OF PICKERING BY-LAW NO. 6540/05 Being a By-law to assume the roads within Plan 40M-1987 for public use as public highways and to assume the services within Plan 40M-1987 (save and except Block 32) under the jurisdiction of the City of Pickering. WHEREAS above ground and underground services required for the development of the above-noted Plans have been completed to the City's satisfaction; and WHEREAS the City of Pickering has jurisdiction over the roads shown on Plan 40M-1987; and WHEREAS pursuant to the Municipal Act, S.O. 2001, c. 25, sections 30 and 31, a highway is owned by the municipality having jurisdiction over it and a municipality may by By-law assume highways owned by it for public use; NOW THEREFORE, the Council of The Corporation of the City of Pickering HEREBY ENACTS AS FOLLOWS: The above ground services required by the Subdivision Agreement relating hereto, or any amendments thereto, which are to be constructed or installed in the development of the above-noted Plan or which are located on lands that are dedicated to or owned by the City within Plan 40M-1987 (save and except Block 32) or on lands lying immediately adjacent thereto are hereby accepted and assumed for maintenance under the jurisdiction of The Corporation of the City of Pickering. The underground services that are required to be constructed or installed in the development of the above-noted Plan including the storm drainage system and related appurtenances, located on lands that are dedicated to or owned by the City in Plan 40M-1987 (save and except Block 32) or lands lying immediately adjacent thereto, are hereby accepted and assumed for maintenance under the jurisdiction of The Corporation of the City of Pickering. In sections 1 and 2, the phrase "lands that are...owned by the City" includes lands that are subject to an easement transferred to the City, but only with respect to the specific service or services referred to in the easement transfer document. The following highways are hereby assumed for public use as public highways under the jurisdiction of The Corporation of the City of Pickering: Fairport Road, Voyager Avenue, Helm Street and Grayabbey Court, within Plan 40M-1987 BY-LAW read a first, second and third time and finally passed this 20th day of June, 2005. David Ryan, Mayor Debi A. Bentley, City Clerk THE CORPORATION OF THE CITY OF PICKERING BY-LAW NO. 6541/05 Being a By-law to dedicate Block 31, Plan 40M-1987, Pickering as public highway. WHEREAS The Corporation of the City of Pickering is the owner of Block 31, Plan 40M-1987, Pickering and wishes to dedicate it as public highway; NOW THEREFORE, the Council of The Corporation of the City of Pickering HEREBY ENACTS AS FOLLOWS: Block 31, Plan 40M-1987, Pickering is hereby dedicated as public highway (Fairport Road). BY-LAW read a first, second and third time and finally passed this 20th day of June, 2005. David Ryan, Mayor Debi A. Bentley, City Clerk THE CORPORATION OF THE CITY OF PICKERING BY-LAW NO. 6542/05 Being a By-law to authorize the release and removal of the Subdivision Agreement and related Amending Subdivision Agreement from title respecting Plan 40M~1987, Pickering. WHEREAS pursuant to the Planning Act, R.S.O. 1990, c. 13, s. 50, or a predecessor thereof, The Corporation of the City of Picketing and Brydale Developments (Pickering) Inc. entered into a Subdivision Agreement, Notice of which was registered as Instrument No. LT943391 on February 17, 2000, respecting the development of Plan 40M-1987, Pickering; and WHEREAS that agreement was amended to deal with the coordinated development of lands within Plan 40M-1987 and lands lying outside the plan (Plan 40R-19693). That Agreement was registered as Instrument LT1004591 on December 22, 2000; and WHEREAS the terms and conditions of the Subdivision Agreement and Amending Subdivision Agreement have been complied with to the satisfaction of the City; NOW THEREFORE, the Council of The Corporation of the City of Pickering HEREBY ENACTS AS FOLLOWS: The Mayor and Clerk hereby authorize the release and removal from title of: (a) the Subdivision Agreement registered as Instrument No. LT943391 on February 17, 2000, and (b) the Amending Subdivision Agreement registered as Instrument LT1004591 on December 22, 2000, between Brydale Developments (Pickering) Inc. and The Corporation of the City of Pickering, respecting the development of Plan 40M-1895 and Plan 40R-19693, Pickering. BY-LAW read a first, second and third time and finally passed this 20th day of June, 2005. David Ryan, Mayor Debi A. Bentley, City Clerk 05' THE CORPORATION OF THE CiTY OF PICKERING BY-LAW NO. 6543/05 Being a By-law to amend By-law 1416/82 providing for the regulation and licensing of places of amusement. WHEREAS pursuant to the Municipal Act, S.O. 2001, c. 25, section 150(1), the Council of The Corporation of the City of Pickering enacted By-law 1416/82 providing for the regulation and licensing of places of amusement; NOW THEREFORE, the Council of The Corporation of the City of Pickering HEREBY ENACTS AS FOLLOWS: Schedule A to By-law 1416/82, as amended, is hereby further amended by adding thereto the following: Voyager Avenue, Grayabbey Court and Helm Street, within Plan 40M-1987, City of Pickering, Regional Municipality of Durham. BY-LAW read a first, second and third time and finally passed this 20th day of June, 2005. David Ryan, Mayor Debi A. Bentley, City Clerk 05,.; THE CORPORATION OF THE CITY OF PICKERING BY-LAW NO. 65z, 4/05 Being a by-law to authorize the preparation, execution and registration of the Release & Abandonment of two easements registered as D314520 and D314521 as they are no longer required for municipal purposes. WHEREAS, the City of Pickering has an easement for storm drainage purposes over those parts of Lot 26, Range 3, B.F.C., being Parts 2, 5, 10, 14, 18 and 24, Plan 40R-11259 and those parts of the road allowance between Concession 1 and Range 3, B.F.C. and former King's Highway No. 2, being Parts 31, 40, 41, 47, 48, 71 and 76, Plan 40R-11259, which easement is no longer required; and WHEREAS, the City of Pickering has an easement for transit purposes over those parts of the road allowance between Concession 1 and Range 3, B.F.C. and former King's Highway No. 2, being Parts 36, 37, 38, 39, 40, 41, 42, 43 and 44, Plan 40R-11259, which easement is no longer required; and WHEREAS, pursuant to the Municipal Act, the council of a municipal corporation may pass by-laws to dispose of land or interests in land when no longer required; NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE CITY OF PICKERING HEREBY ENACTS AS FOLLOWS: The Mayor and Clerk hereby authorize the Director, Planning & Development and the Solicitor for the City to prepare, execute and register the necessary Release and Abandonment to release the Transfer of Easements registered as D314520 and D314521, from title. BY-LAW read a first, second and third time and finally passed this 20th day of June, 2005. David Ryan, Mayor Debi A. Bentley, Clerk RE0504 THE CORPORATION OF THE CITY OF PICKERING BY-LAW NO. 65a5/05 Being a by-law to alter the wards within the City of Pickering. 055 WHEREAS pursuant to Section 222(1) of the Municipal Act, S.O. 2001, c.25, as amended, a municipality may divide or redivide the municipality into wards or dissolve the existing wards; and NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE CITY OF PICKERING HEREBY ENACTS AS FOLLOWS: The ward boundaries for The Corporation of the City of Pickering shall be as described in Schedule "A" hereto. 2. By-law Number 1426/82 is hereby repealed. BY-LAW read a first, second and third time and finally passed this 20th day of June, 2005. David Ryan, Mayor Debi A. Bentley, Clerk CORP0223-07/01 05 .. 0 SCHEDULE "A" WARD ONE The boundaries of Ward One are described as follows: Commencing at the intersection of the northern limit of the Canadian National Railway right-of-way and the west boundary of the City of Pickering in Concession 1; Thence easterly in a straight line along the northern limit of the said right-of-way to the western limit of Rosebank Road; Thence northerly along the western limit of Rosebank Road to the southern limit of the Canadian Pacific Railway right-of-way; Thence easterly along the southern limit of the Canadian Pacific Railway right-of-way to the eastern limit of Fairport Road; Thence southerly along the eastern limit of Fairport Road to the northern limit of Kingston Road, (Highway #2); Thence easterly along the northern limit of Kingston Road (Highway #2) to the southern limit of the Canadian National Railway right-of-way in Lot 26, Concession1; Thence easterly along the southern limit of the Canadian National Railway right-of-way to the western limit of the road allowance between Lots 24 and 25, Range, 3, BFC; Thence southerly along the western limit of the said road allowance to the north limit of the western sand spit separating Frenchman's Bay from Lake Ontario; Thence easterly along the said north limit and proceeding around the easterly end of the said spit and thence westerly along the south limit of the said spit to the western limit of the road allowance between Lots 24 and 25, Range 3, BFC; Thence southerly in a straight line parallel to the west boundary of the City to the International Boundary between Canada and the United States of America; Thence westerly along the said International Boundary to the intersection of the west boundary of the City; Thence northerly along the west boundary of the City to the northern limit of the Canadian National Railway right-of-way in Concession 1. WARD TWO The boundaries of Ward Two are described as follows: Commencing at the intersection of the eastern limit of Fairport Road and the southern limit of the Canadian Pacific Railway right-of-way; Thence southerly along the eastern limit of Fairport Road to the northern limit of Kingston Road (Highway #2)' Thence easterly along the northern limit of Kingston Road (Highway #2) to the southern limit of the Canadian National Railway right-of-way in Lot 26, Concession1; Thence easterly along the southern limit of the Canadian National Railway right-of-way to the western limit of the road allowance between Lots 24 and 25, Range 3, BFC; Thence southerly along the western limit of the said road allowance to the north limit of the western sand spit separating Frenchman's Bay from Lake Ontario; Thence easterly along the said north limit and proceeding around the easterly end of the said spit, and thence westerly along the south limit of the said spit to the western limit of the road allowance between Lots 24 and 25, Range 3, BFC; Thence southerly in a straight line parallel to the west boundary of the City to the International Boundary between Canada and the United States of America; Thence easterly along the said International Boundary to the intersection of the east boundary of the City; Thence northerly along the east boundary of the City to a point where the east boundary intersects the northern limit of Highway #401; Thence westerly along the northern limit of Highway #401 to its intersection with the western limit of Liverpool Road; Thence northerly along the western limit of Liverpool Road and the road allowance between Lots 22 and 23 to the southern limit of the Ontario-Gatineau Hydro Corridor; Thence westerly along the said southern limit to the eastern limit of Fairport Road. WARD THREE The boundaries of Ward Three are described as follows: Commencing at the intersection of the northern limit of the Canadian National Railway right-of-way and the west boundary of the City of Pickering in Concession1; Thence easterly in a straight line along the northern limit of the said right-of-way to the western limit of Rosebank Road; Thence northerly along the western limit of Rosebank Road to the southern limit of the Canadian Pacific Railway right-of-way; Thence easterly along the southern limit of the said Canadian Pacific Railway right-of- way to the eastern limit of Fairport Road; Thence southerly along the eastern limit of Fairport Road to the southern limit of the Ontario-Gatineau Hydro Corridor; Thence easterly along the southern limit of the Ontario-Gatineau Hydro Corridor to the western limit of the road allowance between Lots 22 and 23; Thence southerly along the western limit of the road allowance between Lots 22 and 23 and Liverpool Road to its intersection with the northern limit of Highway ~401; Thence easterly along the northern limit of Highway #-401 to the east boundary of the City; Thence northerly along the east boundary of the City to the north boundary of the City; Thence westerly along the north boundary of the City to the west boundary of the City; Thence southerly along the west boundary of the City to its intersection with the northern limit of the Canadian National Railway right-of-way in Concession 1. 0 THE CORPORATION OF THE CITY OF PICKERINC BY-LAW NO. 6546/05 Being a by-~aw to appoint By-law Enforcement Officers for certain Purposes (Parking Regulation- 1822 Whites Road.) WHEREAS pursuant to section 15(I)of the Police Services Act, R.S.O. 1990, c.P.15, as amended, a municipal council may appoint persons to enforce the by-laws of the municipality; and WHEREAS pursuant to section 15(2) of the said Act, municipal by-law enforcement officers are peace officers for the purpose of enforcing municipal by-laws; NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE CITY OF PICKERING HEREBY ENACTS AS FOLLOWS: o That Mark Bouchard and Dada Glazier be hereby appointed as municipal law enforcement officers in and for the City of Pickering in order to ascertain whether the provisions of By-law 2359~87 are obeyed and to enforce or carry into effect the said By-law and are hereby authorized to enter at all reasonable times upon lands municipally known as 1822 Whites Road: The authority granted in section I hereto is specifically limited to that set out in section 1, and shall not be deemed, at any time, to exceed the authority set out in section 1. These appointments shall expire upon the persons listed in section 1 ceasing to be employees of PRO Security & Investigations or upon PRO Security & Investigations ceasing to be agents for 1822 Whites Road, or whichever shall occur first. BY-LAW read a first, second and third time and finally passed this 20th day of June, 2005. David Ryan, Mayor Debi Bentley, City Clerk PLANNING & DEVELOPMENT DEPARTMENT MEMORANDUM June 15,2005 To: From: Subject: Debi A. Bentley City Clerk Tyler Barnett Senior Planner - Site Planning Draft Amending By-law to Remove a Holding Symbol Zoning By-law Amendment Application A 12/05 Fampa Holdings Limited (Formula Ford & Volvo of Durham) Part of Lot 26, Range 3, B.F.C., Lots 127, 128 and 129, Plan 1051 City of Picketing Further to Council's approval of Zoning By-law 6111/03, that designated the subject lands as "SC-35" with an "(H)" - Holding Symbol, this Department has prepared a draft amending by-law to remove the "(H)" - Holding Symbol from the subject lands. The draft amending by-law is attached for the consideration of City Council at its meeting scheduled for June 20, 2005. Prior to an amendment to remove the "(H)" - Holding Symbol preceding the "SC-35" Zone designations on the subject lands, the owner was required to execute and register appropriate Site Plan and Development Agreements, with and to the satisfaction of the City of Pickering and/or Region of Durham, to provide for the development of buildings or structures on the land. The Region has advised that it has no objection to the lifting of the "(H)" - Holding provision of the by-law. The Site Plan and Development Agreements with the City of Pickering have been executed. To date the agreements have not been registered, however, staff anticipate the receipt of an appropriate Letter of Credit prior to June 20, 2005 to secure required works. Staff will advise if appropriate measures are not in place to protect the City's interest prior to Council's consideration of this by-law. Consequently it is recommended that Council pass the attached By-law to lift the "(H)" - Hoidin9 provision from the present zoning. Draft Amending By-law to Remove a Holding Symbol Zoning By-law Amendment Application A 12/05 June 15, 2005 Page 2 The purpose and effect of this by-law is to lift the "(H)" - Holding Symbol designation to permit the development, of the subject lands for a vehicle sales and sales establishment. If you require further information or clarification, please do not hesitate to contact me at extension 2042. I concur that this by-law be considered at this time. Director, ~a~n...ni.n.g & Development Ty!er Barnett ...¢..,," Senie~a+~rrer- Site Planning TB:Id Tbarnett\Fampa Holding By-law\Memo to Clerk(H).doc Attachments THE CORPORATION OF THE CITY OF PICKERING BY-LAW NO 65/~7,/05 Being a By-law to amend Restricted Area (Zoning) By-law 3036, as amended by By-law 61! !t03, to implement the Official Plan of the City of Picketing, Region of Durham, Part of Lot 26, Range 3, 8.F.C., Lots !27, 128 and 129, Plan 1051, in the City of Pickering. (A 12105) WHEREAS the Council of The Corporation of the City of Pickering passed By-law 6111/03, being a by-law to amend By-law 3036, to permit the development of a vehicle sales and service establishment on the subject property, Part of Lot 26, Range 3, B.F.C., Lots 127, 128 and 129, Plan 1051, in the City of Pickering; AND WHEREAS By-law 6111/03 includes an "(H)" - Holding Symbol preceding the commercial zoning on the lands, which has the effect of preventing any vehicle sales and service uses from occurring until such time as the owner enters into appropriate agreements with the and to the City's satisfaction; AND WHEREAS the owner has now entered into a site plan and development agreements, to the City's satisfaction; AND WHEREAS an amendment to amending By-law 6111/03, to remove the "(H)' - Holding Symbol preceding the "SC-35" Zone designation on the subject lands is therefore deemed appropriate; NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE CITY OF PICKERING HEREBY ENACTS AS FOLLOWS: 1. SCHEDULEI Schedule I to By-law 6111/03, is hereby amended by removing the "(H)" - Holding Symbol preceding the "SC-35" Zone designation on the subject lands as set out on Schedule I attached hereto. 2. TEXT AMENDMENT Section 5(3) - Holdinq Provision of By-law 6111/03, is hereby repealed. AREA RESTRICTED By-law 3036, as amended, is hereby further amended only to the extent necessary to give effect to the provisions of this By-law as set out in Sections 1 & 2 above, and as set out in Schedule I attached hereto. Definitions and subject matter not specifically dealt with in this by-law shall be governed by the relevant provisions of By-law 3036, as amended. 4. EFFECTIVE DATE This By-law shall take effect from the day of passing hereof. BY-LAW read a first, second, and third time and finally passed this 20th day of, June, 2005. 06i David Ryan, Mayor Debi A. Bentley, City Clerk 062 SC.35 ,~Om 17.5m BUILDING ENVELOPE ~ BUILD-TO-ZONE SCHEDULE T TO BY-LAW 6115/03 AS AMENDED BY BY-LAW 5547/05 PASSED THIS DAY OF ,f,,- - 2005 MAYOR CLERK Cit og PICKER1NG O63 NOTICE OF MOTION DATE: JUNE 20, 2005 MOVED BY: COUNCILLOR MCLEAN SECONDED BY: COUNCILLOR DICKERSON WHEREAS sport enriches the lives of Canadians in a multitude of ways: in their roles as participants, spectators, coaches and volunteers; and WHEREAS sport offers opportunities for the personal, moral and value-centred development of children and young people; and WHEREAS Statistics Canada figures show that 2.2 million children between the ages of 9 and 14 play organized sports outside school; and WHEREAS almost three-quarters of these children drop out of organized sports by the time they reach age 13 primarily because they are no longer having fun; and WHEREAS a survey undertaken by the Institute for the Study of Youth Sports at Michigan State University cites too much focus on winning and overzealous parents and coaches are among the top reasons that children quit organized sports; and WHEREAS in 2001, Sports Illustrated for Kids magazine reported that almost three- quarters of 3,000 readers polled had seen out-of-control adults at their games, ranging from parents or coaches yelling at each other, at kids and officials, to violence; and WHEREAS not only does poor conduct and lack of fair play and sportsmanship drive kids from sports, it influences how they behave in all spheres of their lives; and 0 6 WHEREAS THE City of Pickering recreation facilities are provided to allow citizens to participate in sports and other recreational activities in a safe, enjoyable environment; and WHEREAS it is the goal of the Council of The Corporation of the City of Pickering to eliminate violence, harassment and abusive behaviour by sport participant groups, namely spectators, coaches and players in City facilities and develop an understanding among participants and spectators of creating a safe and positive environment for youth sports; and NOW THEREFORE the Council of the Corporation of the City of Pickering hereby declares the City of Pickering as a "True Sport Community"; and FURTHER THAT Council adopt the "True Sport Community" philosophy that encourages good sportsmanship and respectful behaviour towards all those involved with sports across the City; and FURTHER THAT every facility owned and/or operated by the City of Pickering be a "True Sport Community" facility whereby all sports teams using the facility will adopt the "True Sport Community" code of conduct; and FURTHER THAT staff be directed to communicate this resolution to all sports teams using City facilities and take whatever action is deemed necessary to positively communicate the "True Sport" program to the community. CARRIED: Btaylor:Notices of Motion:True Sport Community MAYOR